The NSW government insists it has acted within the law in re-appointing David McGrath as an independent director of the Australian Turf Club (ATC), confirming he has been given an additional four-year term.
McGrath was initially appointed as a director in 2023 under the previous Racing Minister Kevin Anderson at the same time as current chairman ATC Peter McGauran, with his two-year term set to expire on February 13.
Special Minister of State John Graham, addressing a written question in the Legislative Council on behalf of Racing Minister and Lower House member, David Harris, confirmed McGrath’s term would be extended “in accordance with the provisions of the Australian Jockey and Sydney Turf Clubs Merger Act 2010 (the Act)”.
McGrath’s new term began last Friday, February 14 and will run until February 13, 2029.
Rumours that McGrath’s tenure had been extended have persisted for some weeks, but this is the first time that it has been officially confirmed.
Graham was addressing a written question from independent MP Mark Latham, which suggested any nomination of an independent director would require a recommendation of an appointment selection panel.
However, in his response, Graham said because McGrath was continuing in his role, there was no need to constitute that process.
“In accordance with Schedule 1 of the Act, a vacancy does not arise where an existing independent director is re-appointed to the office before the end of their term,” he said.
“As such, in the case of Mr McGrath's reappointment, an appointments selection panel was not established as there was no vacancy in the office of an independent director.”
McGrath, the chief executive of MyPlates, is a technology and media executive, who has thoroughbred ownership interests, having raced the Group 1-winning mare Icebath.
Warwick Barr
The ATC board consists of seven directors, four elected by the membership and three who are appointed by the minister under the Australian Jockey and Sydney Turf Clubs Merger Act 2010.
The composition of the board has become crucial in the debate of the proposal to sell Rosehill racecourse. In the most recent election held in November, Save Rosehill candidate Annette English was elected to the board, while vice chairman Tim Hale, who holds similar views, was re-appointed.
McGauran, who has led the charge on the Rosehill sale, has maintained that the proposal will be put before the ATC members at a special general meeting on April 3.
However, a key member group has put forward a petition for his removal as director ahead of the vote.
The ATC said it was considering the legal status of the petition when it was presented to the board late last month.
